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A query was raised regarding whether the reconstruction of a building by a homeowners' association allows for the application of the VAT reverse charge mechanism. The Directorate-General for Taxes (DGT) ruled that, as the association is not considered a business or professional entity, this mechanism does not apply.
Cuestión planteada Inversión del sujeto pasivo en la reconstrucción del inmueble.
Para que opere la inversión del sujeto pasivo en ejecuciones de obra, el destinatario debe actuar con la condición de empresario o profesional. Las comunidades de propietarios, por regla general, no reúnen estos requisitos y actúan como consumidores finales. Por tanto, en la reconstrucción de un edificio por parte de una comunidad, no procede la inversión del sujeto pasivo.
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